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HomeMy WebLinkAbout002 09 89LAND USE AND DEVELOPMENT MINUTES February 9, 1989 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building February 9, 1989 Present: Chairwoman Sue Parrish, Commission Members: Myrna Cain, Bob Anderson, Jerry Tydeman, Kent Kearns, Richard Pearson, Council Representative Dwain Kinghorn, Attorney Tom Holmes, Project Engineer Gerd Dixon, and Secretary Myrna Crapo. Meeting called to order by chairwoman Sue Parrish at 7:30 PM. Chairwoman Sue Parrish asked for a motion to approve the minutes of the February 2, 1989 as written. Myrna Cain moved to approve the minutes as written, with Bob Anderson seconding the motion. All commmission members voted in favor. PUBLIC HEARING: 1) A PROPOSAL BY SVERDRUP CORPORATION, P.O. BOX 369, Bellevue, Washington for property north of extended West Burnside for: 1. Change in Land Use District to Commercial (C-2); 2. Conditional Use permit for a proposed postal service facility 3. Waiver of platting. Chairwoman Parrish opened the public hearing. There was no one in attendence to offer testimony. The public hearing was then closed and opened to discussion by the land use commission. The commission then discussed: 1. Extension of Burnside 2. Change of zoning tied into acceptance by post office 3. Development of street, curb, gutter and sidewalk 4. Dedicated right of way for street 5. 60; Dedicated right of way instead of the 50' they requested 6. Comprehensive plan Dwain Kinghorn moved to grant the Sverdrup Corporation a conditional use permit for the use of the ground in the construction of the postal installation and that we recommend to the city council that the zoning be changed from Agricultural to General Commercial (C-2) to permit this building to be constructed. That they extend the street and complete the construction on that street as they asked except that it would be a 60' instead of 50' complete across the property; and they develope this according to the city development ordinance. That they place the necessary water and sewer lines, curb and sidewalk on their side and the street be brought to the city recommendation. That they also develope according to other particulars of the city of Chubbuck development ordinance. The transfer of the conditional use permit to facilitate the building of it to the postal facility. That this be-g~anted · only upon the condition that it is used for this purpose and otherwise it would revert back the same as it was. LAND USE AND DEVELOPMENT MEETING February 9, 1989 Page 2 SEVERDRUP CORPORATION REQUEST: Bob Anderson seconded the motion. Roll Call vote: Myrna Cain, yes; Jerry Tydeman, yes; Bob Anderson, yes; Sue Parrish, yes; Kent Kearns, yes; Richard Pearson, yes; Dwain Kinghorn, yes. Jerry Tydeman moved that we recommend to the city council that we waive the platting requirements for this particular project. Bob Anderson seconded the motion. There was then an additional discussion on the motion by the commission. Jerry Tydeman then added to his motion: That we require the 60' right of way instead of the 50' right of way and that they install the street with curb, gutter and sidewalk on the north side (on their side) and that the water and sewer line be installed within the street in compliance with the land development ordinance. Bob Anderson seconded the addition to the motion. Roll call vote: Myrna Cain, yes; Jerry Tydeman, yes; Bob Anderson, yes; Sue Parrish, yes; Kent Kearns, yes; Richard Pearson, yes; Dwain Kinghorn, yes. Dwain Kinghorn expressed to the commission his appreciation for the work they do. Bob Anderson moved to adjourn at 8:10 pm with Jerry Tydeman seconding. Sue Parrish, Chairwoman My r~e c~ CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on February 9, 1989, upon the application of Sverdrup Corporation (hereinafter referred to as "applicant") for a conditional use permit to build a postal service facility for a change in Land Use District to C-2 (Commercial) from A (Agricultural) and for a waiver of platting on the real property lcoated North of extended West Burnside and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT AND WAIVER OF PLATTING 1. Applicant has applied for a conditional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned Agricultural pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2 General Commercial in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Chubbuck Code § 18.28.040; 17.12.040, 070-090, 110 and 120. 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: See Exhibit "A" BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following CONCLUSIONS OF LAW 1. The use for which the permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will not produce an adverse impact on A"Z;� the economic values of adjacent properties. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbck04.273 �-tLA6 3. The permit sought will not produce a negative impact on n transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terms of the Land Use Ordinance been complied with. 4. The noise and traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the noise and traffic conditions now existing does not indicate that the permit should be denied. 5. The use for which the permit is sought shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use will not conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City has been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. 9. The requested conditional use permit, if granted, should r be maintained subject to the conditions set forth below. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be approved. 2. The following conditions, if any, are hereby imposed upon the granting of said conditional use permit and applicant, by taking advantage of said conditional use permit agrees to the imposition of the same: none. 3. The Conditional Use Permit shall be assignable to the ultimate user and owner of the post office facility. 4. The Commission recommends the property be rezoned from Agricultural (A) to General Commercial (C-2). 5. All of the foregoing is contingent upon this site being selected for the post office facility and, if not, then this decision shall be null and void. 6. The Commission recommends that waiver of platting be granted. The Commission finds the development does not create a street nor constitute a subdivision. The Commission recommends that the waiver of platting be granted subject to the following: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbck04.273 A. A 60' right of way be installed along extended West Burnside and that street with curb, gutter, sidewalk be installed on the north side of that extended West Burnside. B. That water and sewer line be installed within the street in compliance with the Land Development Ordinance. 7. The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this b day of , 1989. D USE AND DEVELOPMENT COMMISSION By: AIRMAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbck04.273